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The award-winning first edition of The Promise of Mediation,published ten years ago, is a landmark classic that changed thefield's understanding of the theory and practice of conflictintervention. That volume first articulated the "transformativemodel" of mediation, which greatly humanized the vision of how themediation process could help parties in conflict. In the pastdecade, the transformative model has proved itself and gainedincreasing acceptance. It is now being used in such diverse arenasas workplace, community, family, organizational, and public policyconflicts, among others. In this new edition, the authors draw on a decade of work intheory development, training, practice, research, and assessment topresent a thoroughly revised and updated account of thetransformative model of mediation and its practical application,including a compelling description of how the field has moved towardincreasing acceptance of the transformative model a new and clearer presentation of the theory and practices oftransformative mediation, with many concrete examples a new case study that provides a vivid picture of the model inpractice, with a commentary full of new information about how touse it effectively clarifications of common misconceptions about the model a vision for the future that shows how the model can coexistwith other approaches and where the "market" for transformativemediation is emerging This volume is a foundational resource on transformative practice,for both readers of the first edition and new readers - includingmediators, facilitators, lawyers, administrators, human resourceprofessionals, policymakers, and conflict resolution researchersand educators. More generally, this book will strike a chord withanyone interested in humanizing our social institutions andbuilding on a relational vision of society.
Responding to Conflict Through Empowerment and Recognition
Author: Robert A. Baruch Bush
Category: Business & Economics
Bring a fresh approach to the bargaining table Tap the transformative potential of mediation and discover the full promise of the mediation process. In this insightful work, the authors present an alternative theoretical framework that affords a deeper understanding of conflict and mediation -- one based on respect for personal strength and compassion for others. Drawing on their own experience and a wide body of research, they offer mediation practitioners, administrators, policy makers, and researchers a new and useful perspective on how mediation is currently practiced, how it could be structured to accomplish more, and how to refine the process for future application.
A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of resolution of disputes out of court. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes. Written by an authoritative and highly respected author team, A Practical Approach to Alternative Dispute Resolution contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, and examples drawn from a range of different types of practice. Numerous cross-references to relevant websites and further resources are also provided. This fourth edition has been brought fully up to date to reflect current practice and issues affecting ADR. The book's expanded coverage also makes it a suitable text for LLM courses on ADR. Online Resource Centre - Updates to cases and procedures - Useful links for each chapter - Diagrams and figures from the book
A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of ADR. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes. Written by an authoritative and highly respected author team, A Practical Approach to Alternative Dispute Resolution contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, and examples drawn from a range of different types of practice. Numerous cross-references to relevant websites and further resources are also provided. This second edition has been brought fully up to date on current practice and issues affecting ADR, including the development of the role of the Civil Mediation Council, online ADR options, and the forthcoming implementation of the Jackson Review reforms. The book's expanded coverage also makes it a suitable text for LLM courses on ADR. Online Resource Centre - Updates to cases and procedures, including the implementation of the EU Directive on Mediation - Useful links for each chapter - Diagrams and figures from the book
New ways of managing conflict are increasingly important features of work and employment in organizations. In the book the world's leading scholars in the field examine a range of innovative alternative dispute resolution (ADR) practices, drawing on international research and scholarship and covering both case studies of major exemplars and developments in countries in different parts of the global economy. Developments in the management of individual and collective conflict at work are addressed, as are innovations in both unionized and non-union organizations and in the private and public sectors. New practices for managing conflict in organizations are set in the context of trends in workplace conflict and perspectives on how conflict should be understood and addressed. Part 1 examines the changing context of conflict management by addressing the main frameworks for understanding conflict management, the trend in conflict at work, developments in employment rights, and the influence of HRM on conflict management. Part 2 covers the main approaches to conflict management in organizations, addressing both conventional and alternative approaches to conflict resolution. Conventional grievance handling and third-party processes in conflict resolution are examined as well as the main ADR practices, including conflict management in non-union firms, the role of the organizational ombudsman, mediation, interest-based bargaining, line and supervisory management, and the concept of conflict management systems. Part 3 presents case studies of exemplars and innovators in the field, covering mediation in the US postal service, interest-based bargaining at Kaiser-Permanente, 'med-arb' in the New Zealand Police, and judicial mediation in UK employment tribunals. Part 4 covers international developments in conflict management in Germany, Japan, The United States, Australia, New Zealand, the United Kingdom and China. This Handbook gives a comprehensive overview of this growing field, which has seen an huge increase in programmes of study in university business and law schools and in executive education programmes.
In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. "What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.†? From the Foreword by Gabrielle Kaufmann-Kohler
In ANOTHER WAY OF SEEING, Peter Gabel argues that our most fundamental spiritual need as human beings is the desire for authentic mutual recognition. Because we live in a world in which this desire is systematically denied due to the legacy of fear of the other that has been passed on from generation to generation, we exist as what he calls "withdrawn selves," perceiving the other as a threat rather than as the source of our completion as social beings. Calling for a new kind of "spiritual activism" that speaks to this universal interpersonal longing, Gabel shows how we can transform law, politics, public policy, and culture so as to build a new social movement through which we become more fully present to each other--creating a new "parallel universe" existing alongside our socially separated world and reaffirming the social bond that inherently unites us. "Peter Gabel is one of the grand prophetic voices in our day. He also is a long-distance runner in the struggle for justice. Don't miss this book!" --Cornel West, The Class of 1943 Professor, Princeton University, and Professor of Philosophy and Christian Practice, Union Theological Seminary "Replete with wise insights that reward readers with Another Way of Seeing toward their pursuit of compassion, community, and a better world, law professor, activist and philosopher Peter Gabel's excellent essay collection elaborates upon the meaning of Martin Luther King Jr.'s expression 'Justice is love correcting that which revolts against love.' No matter what your expertise, Gabel's thoughts are pertinent to fulfillment of your human possibilities." --Ralph Nader, Washington, DC